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MINING LAWS 


»LA¥S RELATING TO LABOR 


OF THE 


STATE OF KANSAS. 


1893 . 


COMPILED BY 

Al. C. GrA.I.ILiA.GrI3:ElR, 

STATE INSPEOTOB OP MINES. 



J TOPEKA. 

PipSB OF THE HAMILTON PPINTING COMPANY. 
I Edwin H. Snow, State Printer. 

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Vv' 



4 


MINING LAWS 


. AND 

LAWS RELATING TO LABOR 


OF THE 

STATE OF KANSAS. 

1898 . 


COMPILED BY 


A., c. gj-a.lla.gj-h:kr, 

' , 5 ) 

f^T^'^E JNFPECTOr, OFiMINESi ’ ) - ,, , 

, ■) 1 •> -> Tt ’ 5 ■, ) 1) . <1 <> ’ 

; j -A. I L - > ■ ’ 




TOPEKA. 

PRESS OF THE HAMIETON PRINTING COMPANY. 
Edwin H. Snow, State Printer. 

1893 . 








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' NOTE. 

Having become convinced that it is im¬ 
peratively necessary that the mining laws of 
the state should be more generally read by 
those who are especially interested in them 
— the miners and mine owners—and as I am 
aware that they are practically inaccessible to 
the greater number of those to whom they 
relate, I have compiled all laws relating to 
mines and mining that are now on our stat¬ 
ute books, and herewith present them, trust¬ 
ing that they may prove of material value to 
the mining public. I have also a<lded a 
number of the more important laws bearing 
on the labor question that are of interest and 



TABLE OF CONTENTS. 


PAGE. 

The Genebah Mining Law,.5 

The Sobeen Law, .35 

The Soeip Law,.38 

The Exemption Law,.41 

Gabnishments and Attachments, .... 46 

Exemption fbom Gabnishment, .... 48 

The Intebest Law,.49 

Landlobds and Tenants,.53 

Chattel Mobtgages,.57 

The Akbiteation Law, .63 

CooPEBATivE Societies, .69 

Legal Holiday,.70 

The Weekly-Payment Law,.71 

Appendix: Proposed Ventilation Law, . . 74 









General Mining Law. 


[General Statutes of 1889, ch. 66«, pp. 1093-1103.] 


Section. 

1. Escapement shaft. 

2. Construction. 

3. Penalty. 

4. Obstructions, etc. 

5. Terms defined. 

j 6. Protection of owners, 

j 7. Survey. 

I 8. Injunction. 

9. Proceedings. 

10. Ingress and egress. 

11. Cities may contract. 

12. Certain contracts. 

13. Construction. 

14. Survey drifts, when. 

I.*). Read order. 

16. Persons refusing. 

17. Map or plan. 

18. Opening; penalty; metal 

tubes, etc. 

19. Steam and water gauge. 

20. Ventilation; firedamp. 


Section. 

21. Overseer, duties; man¬ 
holes. 

22. Explosions. 

23. Abandoned shaft. 

24. Inspector; term; com¬ 

pensation. 

25. Bond. 

26. Ineligible. 

27. Violating act. 

28. Duties of inspector; rec¬ 

ord. 

29. Enter mines; injunc¬ 

tion ; costs. 

30. Loss of life, or injury. 

31. Penalty. 

32. Minors, 

33. Terms defined. 

34. Repeal. 

35. Shot firers, 

36. Conditions. 

37. Managers; penalty. 

38. Miners; penalty. 


Escapement Shaft. Section 1. That the 
owner or owners or lessee of each and every 
coal mine or colliery in this state, which is 
worked by means of a shaft, shall make and 
construct an escapement shaft, making at 
least two distinct means of ingress and egress 







6 


GENERAL MINING LAW. 


for all persons employed or permitted to work 
in such coal mine or colliery. Such escape¬ 
ment shaft, or or other communication with ' 
a contiguous mine, shall be constructed in 
connection with every stratum of coal worked 
in such coal mine or colliery; and every ( 
escapement shaft or other communication 
with a contiguous mine, as aforesaid, shall be^l 
so constructed as to be accessible from every* , 
entry, plane or level in said coal mine or col-V) 
liery, in case of a fire or other accident to the < . 
main shaft; Provided, That the provisions! 
of this law shall not apply to the coal mine 
at Leavenworth until the chambers, drifts or 
passages shall have reached the east side ofi 
the Missouri river. 

Construction. Sec. 2. That the time/ ; 
allowed for such construction shall be foui 
months for the first 60 feet or fractional part 
thereof, and three months for each and every 
additional 50 feet in depth of said escapement| 
shaft so to be constructed. And every escape-ii 
ment shall be separated from the main shaf i 
by at least 100 feet of natural strata; and alP 
owners of coal mines or collieries that are in i 
operation before the passage of this act shall,| 
on or before the 1st day of July, A. D. 1875i 
proceed to construct such escapement shaft 

Vi 





GENERAL MINING LAW. 


7 


or other communication with a contiguous 
mine as aforesaid. 

Penalty. Sec. 3. Any owner or owners 
or lessee of any coal mine or colliery, who 
shall neglect or refuse to comply with sec¬ 
tions 1 and 2 of this act, shall be deemed 
guilty of misdemeanor, and subject to a fine 
of not less than |100 nor more than $1,000, 
or by imprisonment in the couty jail not 
more than three months, or by both such 
fine and imprisonment. 

Obstructions, etc. Sec. 4. Any miner, 
workman or other person who shall know¬ 
ingly obstruct or throw open any air ways, or 
carry lighted lamps into any places that are 
worked by the aid of safety lamps, or shall 
move or disturb any part of the machinery 
of the hoisting engine, or whim, or open a 
door in the mine, and not have the same 
closed again, whereby danger is produced 
either to the mine or those at work therein, 
or who shall enter into any part of the mine 
against caution, or who shall disobey any 
order given in pursuance of this act, or who 
shall do any willful act whereby the lives 
and health of persons working in the mine, 
or the security of the mine or miners, or the 
machinery thereof is endangered, shall be 


8 


GENERAL MINING LAW. 


deemed guilty of a misdemeanor, and upon 
conviction shall be punished by fine or im¬ 
prisonment, at the discretion of the court. 

Terms Defined. Sec. 5. The terms 
^^owner’^ or ‘‘owners’’ or “lessee,” as used 
in this act, shall include the immediate pro¬ 
prietor, lessee or occupier of any coal mine or 
colliery, or any person having, on behalf of 
any owner or owners or lessee as aforesaid, 
the care and management of any coal mine 
or colliery, or any part thereof. 

Protection of Owners. Sec. 6 . When¬ 
ever an affidavit properly verified by the 
person aggrieved, or his agent or attorney, 
shall be presented to the district court of the 
proper county, during term time, or to the 
judge thereof in vacation, in which it shall 
be made to appear that such person shall 
have good reason to believe that any other 
person or persons, corporation or corpora¬ 
tions, are without authority encroaching upon 
the land of the person aggrieved, whether 
the same be held by lease or otherwise, and 
are mining, or taking coal therefrom, it shall 
be the duty of the said court, or judge, to order 
and direct the county surveyor to survey the 
mine or mines, of the person or persons, cor¬ 
poration or corporations, accused thereof, for 


GENERAL MINING LAW. 


9 


the purpose of ascertaining the truth thereof; 
the party applying for such survey to first 
give bond in such a sum as may be deemed 
sufficient by said court, or judge, and the 
same to be at the time approved by said 
court or judge, conditioned for the payment 
of the costs of said survey. 

Survey. Sec. 7. Upon the making of 
such order and approval of said bond, it 
shall be the duty of the county surveyor 
to forwith make such survey, and to file his 
written report thereof with the clerk of such 
district court. 

Injunction. Sec. 8. When it shall be 
made to appear by petition, verified by the 
oath of the plaintiff, his agent or attorney, 
and by the survey of the county surveyor, 
that any person or persons, corporation or 
corporations, is or are, without authority, 
mining or taking coal from the land of the 
plaintiff, whether held by lease or otherwise, 
it shall be the duty of the proper district 
court in term time, or the judge thereof in 
vacation, to grant a temporary injunction 
restraining such person or persons, corpora¬ 
tion or corparations, from mining or taking 
coal such land until the further order of the 
court or judge. 


10 


GENERAL MINING LAW. 


Proceedings. Sec. 9. The proceedings 
in such cases shall be in all respects similar 
to the course of procedure in actions for in¬ 
junction. 

Ingress and Egress. Sec. 10. It shall 
be the duty of every person or corporation 
owning coal mines, and every person in 
charge of the same, to provide the county 
surveyor with all the ordinary means of in¬ 
gress and egress to make auy survey thereof 
he may be ordered to make; and any person 
or persons in any way interfering, molesting 
or hindering such county surveyor in making 
any survey he may be ordered to make under 
the provisions of this act, shall be guilty of 
a misdemeanor, and shall be liable for each 
offense to a fine of not less than $10 and 
not more than $100, to be prosecuted and 
recovered as in other cases of misdemeanor. 

Cities May Contract. Sec. 11. That any 
city of the first or second class, in which an 
organized coal company shall exist, may by 
ordinance, contract with such company for 
the exclusive and perpetual right to mine be¬ 
neath the streets, alleys and public grounds 
thereof, upon the agreement to pay one-fourth 
a cent per bushel upon each and every bushel 
raised by said company; one-half of which 


GENERAL MINING LAW. 


11 


amouDt shall be paid into the general fund of 
said city, and the other half shall be paid to 
the treasurer of the state in aid of the school 
fund. 

Certain Contracts. Sec. 12. Any coal 
company which shall have heretofore attained 
by ordinance from any city of the first class, 

C a contract for the exclusive right to mine un¬ 
der the streets, alleys and public grounds 
thereof, shall be entitled to the priority, ex¬ 
clusion and perpetuity of such ordinance, 
which is hereby validated and confirmed: 
Providedy That within 30 days after the pas- 
i sage of this act such company shall file with 
the secretary of state their consent thereto 
and stipulate to pay au amount specified in 
the first section hereof and to comply with 
the conditions named in the ordinance. 

Constnictioii. Sec, 13. That nothing in 
this act shall be construed to relieve such 
company from making compensation to the 
owners of private proj)erty for any injury 
done in mining operations. 

Survey Drifts, When. Sec. 14. When 
any owner, tenant or subtenant of a lot or 
lots or tract of land shall file with any justice 
of the peace within the county in which said 
lot or lots or tract of laud may be situated. 




12 


GENERAL MINING LAW. 


his or her affidavit, or the affidavit of any 
other creditable person for them, stating, that 1 
from knowledge, information or belief, the 
party or parties owning, controlling or work- i 
ing the adjoining lot or lots or tract of land, 
and upon which said parties or parties are 
sinking shafts, mining, excavating and run¬ 
ning drifts, and that said drifts, in which said 
parties are digging, mining and excavating 
any mineral ore or veins of coal, extend be¬ 
yond the lines and boundaries of said lot or 
lots or tract of land owned, controlled or 
worked by them, and have entered into and 
upon the premises of the party or parties mak¬ 
ing said affidavit, or for whom said affidavit is 
made, the justice of the peace, after first being 
tendered his lawful fees, shall issue his written 
order, and deliver or cause the same to be 
delivered to the county surveyor or his dep¬ 
uty, commanding him, after his reasonable 
fees have been tendered, to proceed without 
delay to survey said drift, by entering any 
and all shafts upon said lot or lots or tract 
of laud, that he, the surveyor, may see fit, for 
the purpose of ascertaining the course and 
distance of said drift or drifts, and to locate 
the same upon the surface. 

Bead Order, Sec. 15. The surveyor 


GENERAL MINING LAW. 


13 


; ■' 

j shall, before entering upon said duties, read 
said order to the party or parties owning, 
controlling or working any shaft or shafts 
on said lot or lots or tract of laud. 

, Persons Refusing. Sec. 16. If any per¬ 
son shall refuse, hinder or prevent said county 
surveyor or his deputy and his assistants 
! from entering said shaft or shafts or drifts to 
I make the survey so ordered by the justice of 
I the peace, said person or persons so offending 
i shall on conviction be adjudged guilty of a 
misdemeanor, and punished by imprisonment 
in the county jail for a term of not exceeding 
one year, or by fine not exceeding $300, or 
by both such fine and imprisonment. 

Map or Pltin. Sec. 17. That the owner, 
agent or operator of every coal mine shall 
make or cause to be made within six months 
after the passage of this act, an accurate map 
or plan of the workings of such coal mine, 
and each and every vein thereof, on a scale 
not exceeding 100 feet to the inch, and show¬ 
ing the bearings and distances, which shall be 
kept in the office of such coal mine; and it 
shall be the duty of the owner, agent or oper¬ 
ator of such coal mine to furnish the state in¬ 
spector with a true copy of said map or plan, 
the same to be deposited at his office. And 






14 


GENERAL MINING LAW. 


such owner, agent or operator shall cause, on | 
or before the 10th day of July of each year, a \ 
plan of the progress of the workings of such 
coal mine during the year past to be marked 
on the original map or plan of the said coal 
mine, and the inspector shall correct his map 
or plan of said workings in accordance with 
the above plan or map thus furnished. And 
when any coal mine is worked out or aban¬ 
doned, the fact shall be reported to the in¬ 
spector, and the map or plan of such coal 
mine in his office shall be carefully corrected 
and verified: Provldedy If the owner, agent 
or operator of any coal mine shall neglect or 
refuse, or for any cause fail, for the period 
of two months after the time prescribed, to 
furnish the said map or plan as hereby re¬ 
quired, or if the inspector shall find, or have 
reason to believe, that any map or plan of 
any coal mine furnished in pursuance of this 
act is materially inaccurate or imperfect, he 
is hereby authorized to cause a correct map 
or plan of the actual workings of said coal 
mine to be made at the expense of the owner, 
agent or operator thereof, the cost of which 
shall be recovered from said owner, agent or 
operator as other debts are recoverable by 
law: Provided^ That if the map or plan 



* GENERAL MINING LAW. 15 

which the inspector claimed to be incorrect 
shall prove to have been correct, then the 
aforesaid expense shall be paid by the in¬ 
spector. 

Opening; Penalty; Metal Tubes, etc. 
Sec. 18. It shall not be lawful, after six 
months from the passage of this act, for the 
owner, agent or operator of any coal mine 
to employ any person at work within said 
coal mine, or permit any person to be in said 
coal mine for the purpose of working therein, 
unless they are in communication with at least 
two openings, separated by natural strata of 
not less than 80 feet in breadth if the mine 
be worked by shaft or slope, and if worked 
by drift not less than 50 feet: Provided^ how- 
evei'y That such coal mine shall not exceed 
100 feet in depth, from the surface to the 
coal; and for every additional 100 feet, or 
fractional part thereof, six mouths additional 
time will be granted; but in all cases the 
number of men shall be limited not to ex¬ 
ceed 25 until the second opening is perfected 
and made available; and a roadway to the 
same shall be kept open, not less than three 
feet high and four feet wide, thereby form¬ 
ing a communication as contemplated in this 
act, but the limit herein prescribed as to the 



16 


GENERAL MINING LAW. 


number working in the shaft before the com¬ 
pletion of the second opening shall not apply 
to mines exceeding 700 feet in depth. And 
for a failure to do as provided in this section, 
the owner, agent or operator shall be subject 
to the penalty provided for in section 31 of 
this act. And in case furnace ventilation 
being used before the second opening is 
reached, the furnace shall not be within 40 
feet of the foot of the shaft, and shall be 
secured from danger from fire by brick or 
stone walls of sufficient thickness; and the 
flues shall be composed of incombustible ma¬ 
terial to an extent of not less than 30 feet 
from the furnace and the mine while being 
driven for making or perfecting a second 
opening. In all cases where the human 
voice cannot be distinctly heard, the owner, 
agent or operator shall provide and maintain 
a metal tube from the top to the bottom of 
the shaft or slope, suitably adapted to the 
free passage of sound, through which con¬ 
versation may be held between persons at 
the bottom and top of such shaft or slope; 
and there shall also be maintained the ordi¬ 
nary means of signaling to and from the top 
and bottom of such shaft or slope. In all 
mines of 100 feet in depth or over from the 



GENERAL MINING LAW. 


17 


surface to the ground au improved safety 
catch shall be used, and sufficient horns or 
flanges shall be attached to the sides of the 
drum of every machine that is used for low¬ 
ering or hoisting persons into and out of said 
mine where steam is used, and adequate brakes 
shall be attached thereto. The main link 
attached to the swivel of the wdre rope shall 
be made of the best quality of iron, and 
shall be tested by weights or other means 
satisfactory to the inspector of mines of the 
state; and bridle chains shall be attached to 
the main link from the cross pieces of the 
cage, and no single-link chain shall be used 
for lowering or raising persons into or out 
of said mine; and not more than six persons 
shall be lowered or hoisted by the machinery 
at any one time; and only sober, competent 
and experienced engineers shall be employed, 
and said engineer shall have attained at least 
the age of 18 years; and on no account shall 
any coal be hoisted, or timber or any other 
material sent up or down, or empty cars, 
while persons are descending into or ascend¬ 
ing out of said mine. In all coal mines 
hereafter opened, or that shall hereafter go 
into operation in the state, the owner thereof, 
or owner, lessee, agent or operator shall con- 


18 


GENERAL MINING LAW. 


struct such escapement shaft as is now re¬ 
quired by law in this state, at the rate of 50 
feet every six mouths until such escapement 
shaft shall have been fully completed; and 
until such escapement shaft is fully completed 
and connected with the main shaft, it shall 
be unlawful to work over 25 men in said 
mine: Provided further, That the number 
of men to be employed in any mine 700 feet 
deep or more prior to the time when a second 
or air shaft is sunk, shall be designated by 
the state mine inspector after a careful exam¬ 
ination of all the conditions as to the safety 
and health of the men in the mines. 

Steam and Water Gauge. Sec. 19. Ev¬ 
ery steam boiler used in or around the coal 
mines of this state shall be provided with a 
proper steam gauge and water gauge, to show 
respectively the pressure of steam and the 
height of water in the boiler, and to be also 
provided with a proper safety valve; and the 
owner, agent or operator shall have the said 
boiler or boilers examined and inspected by a 
competent boiler maker, or other qualified per¬ 
son, once in every six months, and the result of 
every examination shall be certified in writ¬ 
ing, and conveyed to the mine inspector to be 
filed in the records of his office. 



GENERAL MINING LAW. 


19 


Yentilation; Fire Damp. Sec. 20. The 
owner, agent or operator of every coal mine, 
whether shaft, slope, or drift, shall within six 
months after the passage of this act provide 
and thereafter maintain for every such mine 
ample means of ventilation, affording 100 
cubic feet of air per minute per person in all 
mines where the coal strata are three feet thick 
or over, and a proportinate amount for thin¬ 
ner strata, which shall be circulated wherever 
any person or persons may be working in 
said mine. The inspector may increase the 
amount when necessary, to such an extent as 
will dilute, carry off and render harmless the 
noxious gases generated therein; and all 
mines generating fire damp shall be kept free 
of standing gas, and every working place 
shall be carefully examined every morning 
with a safety lamp by a competent person, be¬ 
fore any workman is allowed to enter therein; 
and it shall be the duty of the owner, agent 
or operator of every coal mine to provide and 
maintain air ways of sufficient dimension to 
supply the requisite amount of air. 

Overseer; Duties; Manholes. Sec. 21. 
In order to better secure the proper ventila¬ 
tion of every coal mine, and promote the 
health and safety of the persons employed 



20 


GENERAL MINING LAAV. 


therein, the owner, agent or operator shall 
employ a competent and practical inside over¬ 
seer, to be called ‘^mining boss,’’ who shall j 
keep a careful watch over the ventilating ap- - 
[)aratus, the air ways, traveling ways, pumps 
and pump timbers and drainage, and shall 
see that as the miners advance their excava¬ 
tions all loose coal, slate and rock, overhead, 
are carefully secured against falling in upon 
the traveling ways. And ev’^ery underground 
plane on which persons travel, worked by 
self-acting pulleys, engines, windlasses or 
machinery of whatever description, shall be 
provided with proper means of signaling 
between the stopping places and the ends of 
the plane; and shall furthermore be provided 
in every case, at intervals of not more than 
30 feet, with sufficient manholes for places 
of refuge. And every road on which per¬ 
sons travel underground, where the coal is 
drawn by mules or other animals, shall be 
provided, at intervals of not more than 60 
feet, with sufficient manholes for places of 
refuge. And every mine shall be supplied 
with sufficient prop timber, of suitable length 
and size for the places where it is to be used, 
and kept in easy access to. And it shall also 
be the duty of the mining boss to measure 





GENERAL MINING LAW. 21 

the air current at least once per week at the 
inlet and outlet, and at the face of the work¬ 
ings, and keep a record of such measure¬ 
ments, and report the same to the inspector 
of the state once in every month. The safety 
lamps used for examining mines, or which 
may be used for working therein, shall be 
furnished by and be the property of the 
owner of said mines, and shall be in charge 
of the agent of such mine. ' And in all mines 
generating explosive gases, the doors used in 
assisting or directing the ventilation of the 
mine shall be so hung and adjusted that they 
will close themselves, or be supplied with 
springs or pulleys so that they cannot be left 
standing open; and bore holes shall be kept, 
not less than 12 feet in advance of the face 
of every working place, and when necessary, 
on the sides, if the same is driven toward 
and in dangerous proximity to an abandoned 
mine suspected of containing inflammable 
gases, or which is inundated with water. 

Explosions. Sec. 22. It shall be unlaw¬ 
ful for any miner or other person to take 
into or have in his possession in any coal¬ 
mine shaft, slope or pit in this state more 
than 121 pounds of powder or any other 


—2 



22 


GENERAL MINING LAAV.* 


explosive substance at any one time; and 
all such powder or other explosive sub¬ 
stance shall be kept in a tight box, securely 
locked, and such boxes shall be kept at 
least 20 yards from the working face in all 
such coal-mine slopes, drifts, or pits; and 
it shall be the duty of all pit bosses or other 
persons who shall be in charge or control of 
any coal-mine slope, drift or pit in this state 
to keep Avatch over and see that the provi¬ 
sions of this act are complied with; and any 
person violating or neglecting to comply with 
the provisions of this act shall be deemed 
guilty of a misdemeanor, and shall, on con¬ 
viction before any court having jurisdiction 
thereof, be fined in any sum not less than 
$10 nor more than $50, or by imprisonment 
in the county jail not more than 30 days, for 
each and every such offense; and the posses¬ 
sion of more than 12J pounds of poAvder or 
any other explosive substance in such coal 
mine, slope or drift shall he prima facie evi¬ 
dence of the person taking said poAvder or 
other explosive substance into such mine, 
slope, or drift. Any miner, workman or 
other person, who shall intentionally injure 
any safety lamp, instrument, air way, brattice, ^ 
or obstruct or throw open air ways, or carry ^ 




GENERAL MINING LAW. 


23 


lighted lamps, pipes or matches into places 
worked by the light of safety lamps, or shall 
move or disturb any part of the machinery, 
or who shall open a door and not close it 
again, or enter any place of the mine against 
caution, or disobey any order given in carry¬ 
ing out the provisions of this act, or who 
shall do any willful act whereby the lives or 
health of persons or the security of the mine 
or the machinery is endangered, shall be 
guilty of a misdemeanor, and, on conviction, 
shall be punished by a fine, or imprisonment, 
at the discretion of the court. 

Note. —Section 22, as it reads above, is in its amended form. 
See ch. 127, Session Laws 1891. 

Abandoned Shaft. Sec. 23. All ma¬ 
chinery about mines, and the entrance of 
every abandoned shaft or slope, shall be 
properly fenced off, and the top of each shaft 
and each landing of the same shall be fenced 
around with a fence not less than three feet 
high on every side, except the side or sides 
used for loading and unloading the cages, 
and this side or sides shall have gates or bars, 
which shall be kept closed at all times ex¬ 
cept during the active use of the cages at 
these places; and there shall be cut in the 
side of every hoisting shaft, at the bottom 
thereof, a traveling way sufficiently high and 


24 


GENERAL MINING LAW. 


wide to enable persons to pass the shaft in 
going from one side of the mine to the other 
without passing over or under the cages or 
other hoisting apparatus. 

Inspector; Term; Compensation. Sec. 
24. As soon as practicable after the passage 
of this act, the governor of the state, with 
the advice and consent of the executive coun¬ 
cil, shall appoint a qualified person to be in¬ 
spector of mines, provided for in this act. 
The qualifications for said office of inspector 
of mines shall be as follows, namely: He 
shall be a citizen of the United States, and 
shall have resided in the state of Kansas for 
two years, of temperate habits, of good re¬ 
pute, a man of personal integrity, shall have 
attained the age of 30 years, and shall have 
had at least five years’ experience working 
in and around coal mines; and he shall fur¬ 
nish evidence of such practical as well as 
theoretical knowledge of the working of 
coal mines and noxious gases as will satisfy 
the governor and executive council of his 
capacity and fitness for the performance of 
the duties imposed upon an inspector of 
mines by the provisions of this act. His 
commission shall be for two years, to be 
computed from the 30th of June next. As 



GENERAL MINING LAW. 


25 


often as vacancies occur by death, resigna¬ 
tion or otherwise, in said office of inspector 
of mines, the governor, in the same manner, 
shall fill the same by appointment for the 
unexpired term. Nothing in this act shall 
be construed to prevent the reappointment of 
any inspector of mines. The inspector of 
mines shall receive for his services an annual 
salary of ^2,000, to be paid in installments 
at the end of each quarter, by the state treas¬ 
urer. He shall reside in the state, and keep 
an office as centrally located as practicable to 
the mining districts of the state. The exec¬ 
utive council is hereby authorized to pro¬ 
cure such instruments and chemical tests and 
stationery, from time to time, as may be nec¬ 
essary for the inspector in the proper dis¬ 
charge of his duties, under this act, at the 
expense of the state, which shall be paid by 
the state treasurer, upon accounts duly cer¬ 
tified by the executive council and audited 
by the auditor of the state. All the instru¬ 
ments, plans, book memoranda, notes, etc., 
pertaining to the office, shall be the property 
of the state, and shall be delivered to his 
successor in office. 

Bond. Sec. 25. The inspector of coal 
mines shall, before entering upon the dis- 


26 


GENERAL MINING LAW. 


charge of his duties, give bondun the sum of 
$3,000, with sureties to be approved by the 
executive council, conditioned for the faith¬ 
ful discharge of his duty, and take an oath 
(or affirmation) to discharge his duty impar¬ 
tially and with fidelity, to the best of his 
knowledge and ability. 

Ineligible. Sec. 26. No person who 
shall act as a manager or agent of any coal 
mine, or as a mining engineer, or be inter¬ 
ested in operating any coal mine, shall at the 
same time act as an inspector of coal mines 
under this act. 

Yiolating Act. Sec. 27. For any injury 
to person or property occasioned by any vio¬ 
lation of this act, or any willful failure to 
comply with its provisions by any owner, 
lessee, or operator of any coal mine or open¬ 
ing, a right of action against the party at 
fault shall accrue tj^) the party injured for the 
direct damage sustained thereby; and in any 
case of loss of life by reason of such violation 
or willful failure, a right of action against 
the party at fault shall accrue to the widow 
and lineal heirs of the person whose life shall 
be lost, for like recovery of damages for the* 
injury they shall have sustained. 

Duties of Inspector; Record. Sec. 28. 


general mining law. 


27 


The inspector of mines shall devote the whole 
of his time to the duties of his office. It shall 
be his duty to examine each mine in the state 
as often as possible, and at least twice each 
year, to see that all provisions of this act are 
observed and strictly carried out; and he 
shall make a record of all examinations of 
mines, showing the condition in which he 
finds them, the number of persons employed 
in and about each mine, the extent to which 
the law is obeyed, the progress made in the 
improvements sought to be secured by the 
passage of this act, the number of accidents 
and deaths resulting from injuries received 
in the mines, and all other facts of public in¬ 
terest concerning the condition and progress 
of mining in this state. In order to facili¬ 
tate the inspector in his duties, it shall be the 
duty of all coal operators to make quarterly 
statements to the inspector of the amount of 
coal mined, and the number of miners and 
other persons employed around the mines 
each quarter. The inspector’s record, and 
all matters concerning the coal-mining busi¬ 
ness of public interest, shall be embodied in 
the inspector’s annual report made to the 
governor on the first day of February each 
year. 





28 


GENERAL MINING LAW. 


Enter Mines; Injunction; Costs. Sec. 
29. That the inspector may be enabled to 
perform the duties here imposed on him, he 
shall have the right at all times to enter any 
coal mine to make examination or obtain in¬ 
formation. He shall notify the owners, les¬ 
sees, or agents immediately of the discovery 
of any violations of this act and of the pen¬ 
alty imposed thereby-for such violation, and 
in case of such notice being disregarded for 
the space of 10 days, lie shall institute a 
prosecution against the owner, owners, lessee, 
rr agent of the mine, under the provisions 
of section 16 of this act. In any case, how¬ 
ever, where, in the judgment of the inspec¬ 
tor, delay may jeopardize life or limb, he 
shall at once proceed to the mine where the 
danger exists and examine into the matter, 
and if, after full investigation thereof, he 
shall be of the opinion that there is imme¬ 
diate danger, he shall apply in the name of 
the state to the district court of the county 
in which the mine may be located, or to the 
district judge in vacation, for an injunction 
.to suspend all work in and about such mine; 
whereupon said court, or judge in vaca¬ 
tion, if the cause appears to be sufficient, 
after hearing the parties and their evidence 


GENERAL MINING LAW. 


29 


j as in like cases, shall issue a writ to restrain 
the working until all cause of danger is re¬ 
moved. And the cost of said proceedings, 

I including the charges of attorney prosecut- 
I ing said application, shall be borne by the 
I owner of the coal mine: Provided^ That no 
fee exceeding the sum of $25 shall be taxed 
in any one case for the attorney prosecuting 
such case: Provided further, That if said 
court (or judge in vacation) shall find the 
cause not sufficient, then the case shall be 
dismissed, and the cost shall be borne by the 
state or county, in the discretion of the court 
(or judge in vacation). 

Loss of Life, or Injury. Sec. SO. When¬ 
ever, by reason of any explosion or other acci¬ 
dent, in any coal mine, or the machinery 
connected therewith, loss of life, or serious per¬ 
sonal injury,shall occur, it shall be the duty of 
the person having charge of such coal mine to 
give notice thereof forthwith to the inspector, 
and if any person is killed thereby, to the 
coroner of the county, who shall give due 
notice of the inquest to be held. It shall be 
the duty of the inspector, upon being notified 
as herein provided, to immediately repair to 
the scene of the accident, and make such sug¬ 
gestions as may appear necessary to secure 






30 


GENERAL MINING LAW. 


the future safety of the men; and if the re¬ 
sults of the explosion do not require an in¬ 
vestigation by the coroner, he shall proceed 
to investigate and ascertain thecause of the 
explosion or accident, and make a record 
thereof, which he shall file as provided for; 
and to enable him to make the investigation, 
he shall have power to compel the attendance 
of persons to testify, and to administer oaths 
or affirmations. The cost of such investiga¬ 
tion shall be paid by the county in which 
the accident occurred, in the same manner as 
costs of inquests held by the coroner or 
justices of the peace are paid. 

Penalty. Sec. 31. Any owner or owners, 
lessee, agent or operator of any coal mine, 
who shall neglect or refuse to comply with 
sections 17, 18, 19, 20, 21 and 23 of this act, 
shall be deemed guilty of a misdemeanor, 
and subject to a fine of not less than f 100 
nor more than $1,000, or by imprisonment in 
the county jail not more than three months, 
or by both such fine and imprisonment. All 
penalties recovered under this act shall be 
applied, in the county in which the fine is 
collected, to the support of common schools. 

Minors. Sec. 32. No person under 12 
years of age shall be allowed to work in any 



GENERAL MINING LAW. 


31 


coal mine, nor any minor between the ages 
of 12 and 16 years unless he can read and 
i write and furnish a certificate from a school 
teacher, which shall be kept on file, showing 
that he has attended school at least three 
months during the year; and in all cases of 
minors applying for work, the agent of such 
coal mine shall see that the provisions of this 
section are not violated; and upon conviction 
of a willful violation of this section of this 
act, the agent of such coal mine shall be 
fined in any sum not to exceed $50 for each 
and every offense. 

Terms Defined. Sec. 33. The terms 
‘^owner,^^ ^^owners,^^ ‘‘lessee,’^ “agent,or 
“operator,’’ as used in this act, shall include 
the immediate proprietor, lessee or occupier 
of any coal mine, or any person having on 
behalf of any owner or owners, or lessee, as 
aforesaid, the care and management of any 
coal mine, or any part thereof. 

Repeal. Sec. 34. All acts of parts of 
acts in conflict with any of the provisions 
of this act, are hereby repealed. (Laws of 
1883, ch. 117, §19.) 

Shot Firers. Sec. 35. All owners, lessees, 
operators of, or any other person having the 
control or management of any coal shaft. 





32 


GENERAL MINING LAW. 


slope, drift or pit in this state employing 
miners to work therein, shall employ shot 
firers to fire the shots therein. Said shots 
shall be fired once a day on each day when 
any such shaft, slope, drift or pit is in opera¬ 
tion, but shall not be fired until after all 
miners and other employes working therein 
shall have been hoisted out of said mine. 

Conditions. Sec. 36. It shall be unlaw¬ 
ful for auy miner or any other person other 
than the shot firers provided for in section 35 
this act to fire auy shot in any coal shaft, 
slope, drift or pit in this state. Any miner 
or other person engaged in mining coal in 
this state who shall drill any hole or fire Siuym 
shot in the coal vein at the working face of 
any room or entry until so much of said coal 
vein at said working face as the said shot or 
shots are intended to throw down shall have 
been undermined to the depth of not less 
than two feet, or sheared or cut to the full 
depth of the drill or shot hole and of the full 
thickness of the coal vein in rooms, or shall 
have been sheared to the full depth of the 
drill or shot hole and the full thickness of 
vein in entries, or who shall so direct the 
drilling of such holes as to include between 
such shearing or mining and the back or rear 



GENERAL MINING LAW. 


33 


g end of the hole a greater width of coal than 
)t is contained between such shearing or mining 
g and the mouth of the hole, shall be deemed 
] guilty of a misdemeanor, and fined as here- 
. inafter provided. 

I Managers; Penalty. Sec. 37. Any 
owner, lessee, operator, or other person hav¬ 
ing the control or management of any coal 
shaft, slope, drift or pit, who shall refuse to 
furnish the shot firers, as provided for in sec¬ 
tion 36 of this act, shall be deemed guilty of 
a misdemeanor, and on conviction therefor 
shall be fined in any sum not less than $50 

i nor more than $200 for each otfeovse, or im¬ 
prisonment in the county jail in the county 
where such offense is committed for a period 
not to exceed 30 days, or by both such fine 
and imprisonment; proceedings to be insti¬ 
tuted in any court having competent juris¬ 
diction. 

Miners; Penalty. Sec. 38. Any miner 
or other person who shall fire any shot in. 
violation of section 36 of this act shall be 
deemed guilty of a misdemeanor, and on 
conviction therefor shall be fined in any sum 
not less than $50 nor more than $200, or 
imprisonment in the county jail in the county 
where such offense is committed not to ex- 





34 


GENERAL MINING LAW. 


both such fine and im¬ 
prisonment; proceedings to be instituted in 
any court having competent jurisdiction. ; 


ceed 30 days, or by 




WEIGHING OF COAL. 


35 


WEIGHING OF COAL AT THE MINE. 

An Act to regulate the weighing of coal at the mine. 
[Session Laws of 1893, ch. 188, p. 271.] 


Section. 

1. Screen. 

2. Weigh man. 

3. Miners can employ check 


Section. 

4. Scales. 


5. Annulment of this act 

void. 

6. Shall apply to all workers. 


weighman. 


Screen. Section 1. It shall be unlaw¬ 
ful for any mine owner, lessee or operator of 
coal mines in this state, employing miners at 
bushel or ton rates, or other quantity, to pass 
the output of coal mines by said miners over 
any screen or other device which shall take 
any part from the value thereof before the 
same shall have been weighed and duly cred¬ 
ited to the employes and accounted for at the 
legal rate of weights as fixed by the laws of 
Kansas. 

Weighman. Sec. 2. The weighman em¬ 
ployed at any mine shall subscribe an oath or 
affirmation, before a justice of the peace or 
other officer authorized’to administer oaths, 
to do justice between employer and employ^, 
and to weigh the output of coal from mines 
in accordance with the provisions of section 1 
of this act. Said oath or affirmation shall be 
kept conspicuously posted in the weigh office. 





36 


WEIGHING OF COAL. 


and any weigher of coal, or persons so em¬ 
ployed, who shall knowingly violate any of 
of the provisions of this act shall be deemed 
guilty of a misdemeanor, and, upon convic¬ 
tion, shall be punished by a fine of not less 
than I’iS nor more than $100 for each of¬ 
fense, or by imprisonment in the county jail 
for a period not to exceed 30 days, or by 
both such fine and imprisonment. 

Miners can Employ Check Weighman. 
Sec. 3. The miners employed by or en- ; 
gaged in working for any mine owner, oper¬ 
ator or lessee in this state shall have the 
privilege, if they so desire, of employing at 
their own expense a check weighman, who 
shall have like rights and privileges in the 
weighing of coal as the regular weighman, , 
and be subject to the same oath and penalties ' 
as the regular weighman. 

Scales. Sec. 4. Any person or persons 
having or using any scale or scales for the 
purpose of weighing the output of coal at 
mines, so arranged or constructed that fraud¬ 
ulent weighing may be done thereby, or who 
shall knowingly resort to or employ any 
means whatever, by reason of which such 
coal is not correctly weighed and reported in 
accordance with the provisions of this act, 





WEIGHING OF COAL. 


37 


f 


shall be deemed guilty of a misdemeanor, 
and shall, upon conviction, for each offense 
be punished by a fine of not less than $200 
nor more than $500, or by imprisonment in 
the county jail for a period not to exceed 60 
days, or by both such fine and imprisonment. 


Annulment of this Act Void. Sec. 5. 


Any provisions, contract or agreement be¬ 
tween mine owners or operators thereof and 
the miners employed therein, whereby the 
provisions of section 1 of this act are waived, 
modified, or annulled, shall be void and of 
no effect; and the coal sent to the surface 
shall be accepted or rejected, and if accepted 
shall be weighed in accordance with the pro¬ 
visions of this act; and right of action shall 
not be invalidated by reason of any contract 
or agreement. 

Shall Apply to all Workers. Sec. 6. 
The provisions of this act shall also apply 
to the class of workers in mines known as 
loaders, engaged in mines wherein mining is 
done by machinery. Whenever the work¬ 
men are under contract to load coal by the 
bushel, ton, or any quantity the settlement 
of which is had by weight, the output shall 
be weighed in accordance with the provisions 
of this act. 


—3 







38 


PAYMENT OF WAGES IN MONEY. 


f 

/ 

I 

,1 

I 

t 

r 
y 

RELATING TO PAYMENT OF WAGES. 


An Act to secure to laborers in and about coal mines 
and manufactories the payment of their wages 
in lawful money of the United States. 

[General Statutes 1889, ch.31, p. 724.] 


Section. 

301. Laborers to be paid. 

302. Coercion of employes. 


Section. 

303. County attorney to prose¬ 
cute. 


Laborers to be Paid. Section 301. It 
shall be unlawful for any person, firm, com¬ 
pany or corporation to sell, give, deliver, or 
in any manner issue directly or indirectly to ' 
any person employed by him or it, in pay- > 
ment of wages due for labor or as advances 
on the wages of labor not due, any scrip, 
token, check, draft, order, or other evidence 
of indebtedness payable to bearer or his 
assignee otherwise than at date of issue, in 
lawful money of the United States. Any'^ 
violation of the provisions of this section 
shall be punished by a fine of not less than 
$25 nor more than $100, or imprisonment of 
not more than 30 days, or both; and the i 
amount of any scrip, token, check, draft, or¬ 
der, or other evidence of indebtedness sold, 
given, delivered, or in any manner issued in 
violation of the provisions of this section, 



PAYMENT OF WAGES IN MONEY. 39 

shall be recovered in money at the suit of 
any holder thereof against the person, firm, 
company or corporation selling, giving, de- 
! livering, or in any manner issuing the same: 
Provided^ That nothing contained in this 
section shall apply to or affect the right of 
any person or private individual from giving 
orders on any store or business house or firm 
in the business or the business or profits of 
which he or it has no interest, directly or in¬ 
directly: Provided furthery That such order 
I shall only be given at the solicitation of the 
employ^ of such person or private individ- 
iual: Provided further. That nothing con- 
stained in this section shall apply to contracts 
imade and entered into between farmers and 
■their employes, where mutual arrangements 
I are made between them otherwise. 

Coercion of Employes. Sec. 302. Who¬ 
ever compels or in any manner seeks to com¬ 
pel or attempts to coerce an employ^ of any 
person, firm or corporation to purchase goods 
or supplies from any particular person, firm or 
corporation, shall be fined not more than $100 
nor less than $20, or imprisoned not more 
than 60 days, or both. 

County Attorney to Prosecute. Sec. 
303. The county attorney of any county, 





40 PAYMENT OF WAGES IN MONEY. 

upon complaint made to him, shall proceed 
to prosecute the violators of this act as pre¬ 
scribed in other cases of misdemeanor. 



EXEMPTIONS. 


41 


i| 


EXEMPTIONS. 

An Act exempting certain property from sale upon 
execution or other process. 

[General Statutes of 1889, ch, 38, p. 879.] 


I Section. 

1. Homestead, to what extent 

exempt; cases excepted. 

2. Householder, wife o r 

agent, may notify offi- 
I cer of what is regarded 

. as homestead. 

> 3. Personal property exempt. 


Section. 

4. What property owned by 

other than head of fam¬ 
ily, exempt. 

5. Personal property not ex¬ 

empt from taxation or 
sale for taxes. 

6. Not exempt for wages of 

clerk, mechanic, etc. 


Homestead. Section. 1. A homestead 
to the extent of 160 acres of farming land, 

I or of one acre within the limits of an incor¬ 
porated town or city, occupied as a residence 
by the family of the owner, together with all 
I the improvements on the same, shall be ex- 
i empted from forced sale under any process 
; of law, and shall not be alienated without the 
joint consent of husband and wife, when that 
.'relation exists; but no property shall be ex- 
I empt from sale for taxes, or for the payment 
I of obligations contracted for the purchase of 
I said premises, or for the erection of improve¬ 
ments thereon: Provided^ The provisions of 
this section shall not apply to any process of 





42 


EXEMPTIONS. 


law obtained by virtue of a lien given by the 
consent of both husband and wife. 

Levy Made IJpoii. Sec. 2. Whenever 
any levy shall be made upon the lands or 
teneme its of a householder, whose homestead 
has not been selected and set apart, such house¬ 
holder, his wife, agent or attorney, may no¬ 
tify the officer, in writing, at the time of i 
making such levy, or at any time before the 
sale, of what he regards as his homestead, 
with a description thereof, and the remainder 
alone shall be subject to sale under such levy. 

Property Exempt Owned by Head of 
Family. Sec. 3. Every person residing 
in this state, and being the head of a family, 
shall have, exempt from seizure and sale upon 
any attachment, execution or other process 
issued from any court in this state, the fol¬ 
lowing articles of personal property : 

First. The family Bible, school books, and 
family library. 

Second. Family pictures, and musical in¬ 
struments used by the family. 

Third. A seat or pew in any church or 
place of public worship, and a lot in any 
burial ground. 

Fourth. All the wearing apparel of the 
debtor and his family; all beds, bedsteads 




KXEMrTIONS. 


43 


and bedding used by the debtor aud his fam¬ 
ily; one cooking stove and appendages, and 
all other cooking utensils, and all other 
stoves and appendages necessary for the use 
of the debtor and his family; one sewing 
machine, all spinning wheels and looms, and 
all other implements of industry, and all 
other household furniture not herein enumer¬ 
ated, not exceeding in value $500. 

Fifth. Two cows, ten hogs, one yoke of 
oxen, and one horse or mule, or in lieu of 
one yoke of oxen and one horse or mule, a 
span of horses or mules; twenty sheep, and 
the wool from the same, either in the raw 
material or manufactured into yarn or cloth. 

Sixth. The necessary food for the support 
of the stock mentioned in this section for one 
year, either provided or growing, or both, as 
the debtor may choose; also, one wagon, cart 
or dray, two plows, one drag, and other farm¬ 
ing utensils, including harness and tackle for 
teams, not exceeding in value $300. 

Seventh. The grain, meat, vegetables, gro¬ 
ceries, and other provisions on hand, neces¬ 
sary for the support of the debtor and his 
family for one year, and also all the fuel on 
hand necessary for their use for one year. 

Eighth. The necessary tools and imple- 



44 


EXEMPTIONS. 


mcDts of any mechanic, miner or other 11 
person, used and kept for the purpose of | 
carrying on his trade or business, and, in ■ 
addition thereto, stock in trade not exceed¬ 
ing $400 in value. ^ 

Ninth. The library, implements, and office ' 
furniture of any professional man. 

Other than Head of Family. Sec. 4. 
The following property only shall be exempt- | 
from attachment and execution, when owner | 
by any person residing in this state, other J 
than the head of a family: ) 

First. The wearing apparel of the debtor v | 
Second. A seat or pew in any church oil 
place of public worship, and a lot in an^ 
burial ground. ,n 

Third. The necessary tools and instru¬ 
ments of any mechanic, miner, or other per¬ 
son, used and kept for the purpose of carrying 
on his trade or business, and in additior i 
thereto, stock in trade, as provided in the 
last section. 

Fourth. The library, implements, and office 
furniture of any professional man. 

Tax Sale. Sec. 5. Nothing in this act 
shall be construed as exempting any personal 
property from taxation or sale for taxes un¬ 
der the laws of this state. 




EXEMPTIONS. 


45 


Wages of Clerk, Mechanic, etc. Sec. 6. 
None of the personal property mentioned in 
this act shall be exempt from attachment or 
execution for the wages of any clerk, me- 
chanic, laborer, or servant 

1 


1 

a 


r 


46 GARNISHMENTS AND ATTACHMENTS. 


GARNISHMENTS AND ATTACHMENTS FOR 

WAGES IN CERTAIN CASES. 

[General Statutes of 1889, ch. 80, p. 1478.] 

Earnings of* Debtor. Section 490a. 
That the earnings of a debtor, who is a resi¬ 
dent of this state, for his personal services 
at any time within three months preceding 
the issuing of an execution, attachment, or 
garnishment process, cannot be applied to 
the payment of his debts when it is made to 
appear by the debtor’s affidavit or otherwise 
that such earnings are necessary for the 
maintenance of a family supported wholly 
or partly by his labor: Provided, That at 
the time of filing such affidavit the debtor 
shall notify the plaintiff or his agent or at¬ 
torneys thereof in writing: And provided, 
That nothing herein contained shall prevent] 
the adverse party from controverting the 
matters sought to be proven by such affida¬ 
vit by counter affidavit, or if sought to be 
proven in any other manner the same may 
be controverted by any competent evidence: 
And provided further. That such counter 
affidavit shall be filed within 24 hours after 
the notice of the filing of the said debtor’s 



GARNISHMENTS ANE ATTACHMENTS. 47 

affidavit, and final bearing shall be had 
thereon at a time to be fixed by the court 
within 10 days from the notice of the filing 
of the debtor’s affidavit if pending in the 
justice’s court, and if pending in the district 
court it shall be tried at the first term held 
after filing such affidavit. 


48 EXEMPTION FROM GARNISHMENT. 


EXEMPTION FROM GARNISHMENT. 

[General Statutes of 1889, ch. 80, p. 1298.] 

Exemption from Oarnisliment. Sec¬ 
tion 200n. No judgment shall be rendered 
upon a liability of the garnishee arising 
either — Firsts By reason of his having 
drawn, accepted, made, indorsed or guaran¬ 
teed any negytiable bill, draft, note, or other 
security. Second, By reason of any money 
or other thing received or collected by him 
as sheriff or other officer, by force of an ex¬ 
ecution or other legal process in favor of the 
defendant. Third, By reason of any money 
in his hands as a public officer, and for which 
he is accountable to the defendant merely as 
such officer. Fourth, By reason of any money 
or other thing owing from him to the defend¬ 
ant, unless before judgment against the de¬ 
fendant it shall become due absolutely and 
without depending on any future emergency. 
Judgment may be given for any money or 
other thing owing although it has not become 
payable, in which case the garnishee shall not 
be required to pay or deliver it before the 
time appointed by the contract. 


RATE OF INTEREST. 


49 


REGULATING THE RATE OF INTEREST. 

[General Statutes of 1889, eh. 51, p. 1019.] 


Section. 

1 Six per cent, interest al¬ 
lowed. 

2. Contract may be for 10 per 

cent. 

3. Usurious interest. 


Section. 

4. Judgment shall bear 6 

cent. 

5. Penalty for taking more 

than 10 per cent. 


Six Per Cent. Interest Allowed. Sec¬ 
tion 1. Creditors shall be allowed to re¬ 
ceive interest at the rate of 6 per cent, per 
annum, when no other rate of interest is 
agreed upon, for any money after it becomes 
due; for money lent or money due on settle¬ 
ment of account, from the day of liquidating 
the same and ascertaining the balance; for 
money received for the use of another, and 
retained without the owner^s knowledge of 
the receipt; for money due and withheld by 
an unreasonable and vexatious delay of pay¬ 
ment or settlement of accounts; for all other 
money due and to become due, for the for¬ 
bearance of payment whereof an express 
promise to pay interest has been made; and 
for money due from corporations and indi¬ 
viduals to their day or monthly employes, 
from and after the end of each month, unless 



50 


RATE OF INTEREST. 


the same shall be paid within 15 days there*' 
after. 

Contract May be for Ten Per Cent. Sec. 
2. The parties to any boud, bill, promissory 
note, or other instrument of writing for the 
payment or forbearance of money, may stipu¬ 
late therein for interest receivable upon the 
amount of such bond, bill, note, or other 
instrument of writing, at a rate not to exceed 
10 per cent, per annum: Provided^ That any 
person so contracting for a greater rate of in¬ 
terest than 10 per cent, per annum shall for¬ 
feit all interest so contracted for in excess of 
such 10 per cent.; and in addition thereto 
shall forfeit a sum of money, to be deducted 
from the amount due for principal and law¬ 
ful interest, equal to the amount of interest 
contracted for in excess of 10 per cent, per 
annum. 

Usurious Interest.' Sec. 3. All pay¬ 
ments of money or property made by way 
of usurious interest, or of inducement to 
contract for more than 10 per cent, per an¬ 
num, whether made in advance or not, shall 
be deemed and taken to be payments made 
on account of the principal and 10 per cent, 
interest per annum, and the courts shall 
render judgment for no greater sum than 


RATE OF INTEREST. 


51 


the balance found due after deducting the 
payments of money or property made as 
aforesaid: Promded, That no bona fide in¬ 
dorsee of negotiable paper purchased before 
due shall be affected by any usury exacted 
by any former holder of such paper, unless 
he shall have actual notice of the usury pre¬ 
vious to his purchase. But double the 
amount of such excess, incorporated into 
negotiable paper, may in such cases, after 
payment, be recovered back by action against 
the party originally exacting the usury, in 
any court of competent jurisdiction: Pro¬ 
vided further. That such action shall be 
brought within 90 days from the maturity 
of such paper. 

Judgment Shall Bear 6 Per Cent. Sec. 
4. All judgments of courts of records and 
justices of the peace shall bear interest from 
the day on which they are rendered, at the 
rate of 6 per cent, per annum, except as 
herein otherwise provided. 

Penalty for Taking More than 10 Per 
Cent. Sec. 5. When a rate of interest is 
specified in any contract, that rate shall con¬ 
tinue until full payment is made, and any 
judgment rendered on any such contract shall 
bear the same rate of interest mentioned in 


52 


RATE OF INTEREST. 


the contract, wliich rate shall be specified in 
the judgment; but in no case shall such rate 
exceed 10 per cent, per annum; and any 
bond, note, bill, or other contract for the 
jiayment of money, which in effect provides 
that any interest or any higher rate of in¬ 
terest shall accrue as a penalty for any de¬ 
fault, shall be void as to any such provisions. 


LANDLORDS AND TENANTS. 


53 


LANDLORDS; TENANTS. 


[General Statutes of 1889, ch. 55, p. 1048.] 


Skction. 

1. Tenant at will. 

2. Tenant from year to year. 

3. Tenancy where rent is 

payable at intervals of 
three months or less. 

4. Notice necessary to ter¬ 

minate tenancy. 

5. Tenancy from year to year, 

how determined. 

6. Notice to tenants on farms 

to terminate tenancy on 
first of March. 

7. Tenant for three mouths 

or more neglecting to 
pay rent, how lease de¬ 
termined. 


Section. 

8. Tenant for less than three 

months neglecting to 
pay rent, how lease de¬ 
termined. 

9. Notice to quit unneces¬ 

sary, when. 

10. Notice, how served. 

11. Certain tenant not to 

transfer interest with¬ 
out assent of landlord. 

12. Violation of provisions of 

preceding section, effect 

of. 


At Will. Section 1. Any person in the 
possession of real property, with the assent 
of the owner, is presumed to be a tenant at 
will, unless the contrary is shown, except as 
herein otherwise provided. 

Year to Year. Sec. 2. When premises 
are let for one or more years, and the tenant, 
with the assent of the landlord, continues to 
occupy the premises after the expiration of 
the term, sucli tenant shall be deemed to be 
a tenant from year to year. 

Kent tit Intervals. Sec. 3. When rent 
is reserved, payable at intervals of three 
months or less, the tenant shall be deemed 


—4 





54 


LANDLORDS AND TENANTS. 


to bold from one period to another, equal to 
the intervals between the days of payment, 
unless there is an express contract to the 
contrary. 

Notice. Sec. 4. Thirty days’ notice, in 
writing, is necessary to be given by either 
party before he can terminate a tenancy at 
will, or from one period to another, of three 
months or less; but where, in any case, rent 
is reserved, payable at intervals of less than 
30 days, the length of notice need not be 
greater than such interval between the days 
of payment. 

The Same. Sec. 5. All tenancies from 
year to year may be determined by at least 
three months’ notice, in writing, given to the 
tenant prior to the expiration of the year. 

On Farms. Sec. 6. In case of tenants 
occupying and cultivating farms, the notice 
must fix the termination of the tenancy to 
take place on the 1st day of March. 

Neglect to Pay. Sec. 7. If a tenant, for 
a period of three mouths or longer, neglect or 
refuse to pay rent when due, 10 days’ notice, 
in writing, to quit, shall determine the lease, 
unless such rent be paid before the expiration 
of said 10 days. 

The Same. Sec. 8. If a tenant, for a 


LANDLORDS AND TENANTS. 


55 


period of less than three months, shall neg¬ 
lect or refuse to pay rent when due, five days’ 
notice, in writing, to quit, shall determine the 
lease, unless such rent be paid before the ex- 
.piration of said five days. 

Notice Unnecessary. Sec. 9. Where the 
time for the termination of a tenancy is 
specified in the contract, or where a tenant 
at will commits waste, or in the case of a ten¬ 
ant by sufferance, and in any case where the 
relation of landlord and tenant does not exist, 
no notice to quit shall be necessary. 

How Served. Sec. 10. Notice, as re¬ 
quired in the preceding sections, may be 
served on the tenant, or, if he cannot be 
found, by delivering the same to some person 
over 12 years of age, residing on the prem¬ 
ises, having first made known to such person 
the contents thereof. 

Transfer. Sec. 11. No tenant for a term 
not exceeding two years, or at will, or by 
sufferance, shall assign or transfer his term 
or interest, or any part thereof, to another, 
without the written assent of the landlord or 
person holding under him. 

Effect of. Sec. 12. If any tenant shall 
violate the provisions of the preceding sec¬ 
tion, the landlord, or person holding under 


56 


LANDLORDS AND TENANTS. 


him, after giving 10 days’ notice to quit pos¬ 
session, shall have a right to reenter the 
premises and take possession thereof, and 
dispossess the tenant, subtenant, or under¬ 
tenant. 


57 


CHATTEL MORTGAGES. 

■s 


CHATTEL MORTGAGES. 


An Act concerning mortgages of personal property. 

[General Statutes of 1889, ch, 68, p. 1125. 


Section. 

1. Mortgage of personal prop¬ 

erty, unaccompanied by 
delivery and change of 
possession, void, unless 
deposited in the office of 
register of deeds. 

2. To be indorsed and filed. 

3. Void one year after filing, 

unless affidavit be made, 
etc. 

4. Affidavit valid at any time 

before purchase, etc. 

5. Copy of instrument and af¬ 

fidavit to be received in 
evidence. 


Section. 

6. Books in which mortgages 

to be entered. 

7. Mortgagee to have legal ti¬ 

tle and right of posses¬ 
sion, when. 

8. Duty of mortgagee on sat¬ 

isfaction of mortgage. 

9. Mortgagee may sell prop¬ 

erty, when. 

10. Who may demand sale of 

property. 

11. Surplus money, how dis¬ 

posed of. 

12. Joint consent necessary. 

13. Disposing of property 

mortgaged. 


Void Unless. Section 1. Every mort¬ 
gage, or conveyance intended to operate as a 
mortgage of personal property, which shall 
not be accompanied by an immediate deliv¬ 
ery and be followed by an actual and contin¬ 
ued change of possession of the things mort¬ 
gaged, shall be absolutely void as against the 
creditors of the mortgagor, and as against 
subsequent purchasers and mortgagees in good 
faith, unless the mortgage, or a true copy 
thereof, shall be forthwith deposited in the 
office of the register of deeds, in the county 



58 


CHATTEL MORTGAGES. 


where the property shall then be situated, or, 
if the mortgagor be a resident of this state, 
then of the county of which he shall at the 
time be a resident. 

Indorsed and Filed. Sec. 2. Upon the 
receipt of any such instrument, the register 
shall indorse on the back thereof the time of 
receiving it, and shall file the same in his of¬ 
fice, to be kept there for the inspection of all 
persons interested. 

Void One Year After. Sec. 3. Every 
mortgage so filed shall be void as against the 
creditors of the person making the same, or 
against subsequent purchasers or mortgagees 
in good faith, after the expiration of one year 
after the filing thereof, unless, within 30 
days next preceding the expiration of the 
term of one year from such filing, and each 
year thereafter, the mortgagee, his agent or 
attorney, sliall make an affidavit exhibiting 
the interest of the mortgagee in the property 
at the time last aforesaid, claimed by virtue 
of such mortgage, and if said mortgage is to 
secure the payment of money, the amount 
yet due and unpaid. Such affidavit shall be 
attached to and filed with the instrument or 
copy on file to which it relates. 

Affidavit. Sec. 4. If such affidavit be 


CHATTEL MORTGAGES. 


59 


made and filed before any purchase of such 
mortgaged property shall be made, or other 
mortgage de[)osited, or lien obtained thereon, 
in good faith, it shall be as valid to continue 
in effect such mortgage as if the same had 
been made and filed within the period above 
provided. 

Evidence. Sec. 5. A copy of any such 
original instrument, or any copy thereof, so 
filed as aforesaid, including any affidavit 
made in pursuance of this act, certified by 
the register in whose office the same shall 
have been filed, shall be received in evidence, 
but only of the fact that such instrument or 
copy and such affidavit was received and 
filed according to the indorsement of the 
register thereon, and of no other fact. 

Recording. Sec. 6 . The register of deeds 
shall keep a book in which shall be entered 
a minute of all mortgages of personal prop¬ 
erty, and affidavits filed under this act. Such 
book shall be ruled off into separate columns, 
with heads as follows; “Time of receptiou,^^ 
“Name of mortgagor,’’ “Name of mort¬ 
gagee,” “Date of instrument,” “Amount se¬ 
cured,” “When due,” “Property mortgaged,” 
and “Remarks.” The proper entry shall be 
made under each of such heads. Under the 


GO 


CHATTEL MOKTGAGES. 


head of Property mortgaged/’ it will be 
sufficient to enter a general description of the 
property, and the particular place where lo¬ 
cated. The date of filing any affidavit, and 
the amount sworn to be due and unpaid, 
shall be entered under the head of “Re¬ 
marks.” An index to said book shall be 
kept in the manner as required for other 
records. 

Possession. Sec. 7. In the absence of 
stipulations to the contrary, the mortgagee 
of personal property shall have the legal 
title thereto, and the right of possession. 

Satisfaction. Sec. 8. When any mort¬ 
gage of personal property shall have been 
fully paid or satisfied, it shall be the duty of 
the mortgagee, his assignee or personal repre¬ 
sentative, to enter satisfaction or cause satis¬ 
faction tliereof to be entered of record, in the 
the same manner, as near as may be, and un¬ 
der the same penalty, for a neglect or refusal, 
as provided in the case of the satisfaction of 
mortgages of real estate. The entry of satis¬ 
faction shall be made in the book in which 
the mortgage is entered, as hereinbefore pro¬ 
vided; and any instrument acknowledging 
satisfaction shall not be recorded at length, 
but shall be referred to under the head of 


CHATTEL MORTGAGES. 


61 


Remarks/^ aud filed with the mortgage or 
copy thereof, and preserved therewith in the 
office of the register. 

Sell Property. Sec. 9. After condition 
broken, the mortgagee or his assignee may 
proceed to sell the mortgaged property, or so 
much thereof as may be necessary to satisfy 
the mortgage and costs of sale, having first 
given notice of the time and place of sale, 
by written or printed handbills, posted up in 
at least four public places in the townshij) or 
city in which the property is to be sold, at 
least 10 days previous to the sale. 

Demand Sale. Sec. 10. If the mortga¬ 
gee or his assignee shall have obtained pos¬ 
session of the mortgaged property, either 
before or after condition broken, the mort¬ 
gagor, or any subsequent mortgagee, may 
demand, in writing, a sale of such property. 
In such case the mortgagee shall proceed to 
sell the property, having first given the same 
notice as provided in the preceding section. 

Surplus. Sec. 11. If, after satisfying the 
mortgage and costs of sale, there be any sur¬ 
plus remaining, the same shall be paid to any 
subsequent mortgagee entitled thereto, or to 
the mortgagor or his assigns. 

Joint Consent Necessary. Sec. 12. It 


62 


CHATTEL MORTGAGES. 


shall be unlawful for either husband or wife 
(where that relation exists) to create any lien 
by chattel mortgage, or otherwise, upon any 
personal property owned by either or both of 
them and now exempt by law, to resident 
heads of families from seizure and sale upon 
any attachment, execution or other process 
issued from any court in this state, without 
the joint consent of both husband and wife; 
and from and after the time when this act 
shall take effect, no such mortgage of per¬ 
sonal property shall be valid unless executed 
by both husband and wife. 

Disposing of Property Mortgaged. Sec. 
13. Any mortgagor of personal property who 
shall injure, destroy, sell or dispose of such 
property, or any part thereof, for the pur¬ 
pose of defrauding the mortgagee, or his or 
her assigns, or shall conceal such property or 
any part thereof, with the intent to hinder, 
delay or defraud such mortgagee, or his or 
her assigns, shall be deemed guilty of a mis¬ 
demeanor, and upon conviction thereof shall 
be punished by imprisonment in the county 
jail for a period not to exceed six months, or 
by a fine of not less than $50 or more than 
$500, or by both such fine and imprisonment. 
(See Gen. Stat. 1889, Tf2452, p. 726.) 


BOARDS OF ARBITRATION. 


63 


ESTABLISHING BOARDS OF ARBITRATION. 


An Act to establish boards of arbitration, and de¬ 
fining their duties and powers. 


[General Statutes of 1889, ch. 5a, p. 137.] 


Section. 

1. Appointed by district court, 

2. Petition. 

3. License. 

4. Tribunal. 

5. Shall organize, how. 


Section. 

6. Compensation. 

7. Submissions. 

8. May make rules. 

9. Umpire. 

10. Form of petition. 


Appointed by District Court. Section 1. 
That the di.strict court of each county, or a 
judge thereof in vacation, shall have the 
power, and upon the presentation of a peti¬ 
tion, as hereinafter provided, it shall be the 
duty of said court, or judge, to issue a li¬ 
cense, or authority, for the establishment, 
within and for any county within the juris¬ 
diction of said court, of a tribunal for vol¬ 
untary arbitration and settlements of disputes 
between employers and employed, in the 
manufacturing, mechanical, mining and other 
industries. 

Petition. Sec. 2. The said petition shall 
be substantially in the form hereinafter given, 
and the petition shall be signed by at least 
five persons employed as workmen, or by 
two or more separate firms, individuals, or 



64 


BOARDS OF ARBITRATION. 


corporations within the county, who are em¬ 
ployers within the county: Provided^ That 
at the time the petition is presented, the judge 
before whom said petition is presented may, 
upon motion, require testimony to be taken 
as to the representative character of said pe¬ 
titioners, and if it appears that the requisite 
number of said petitioners are not of the 
character they represent themselves to be, the 
establishment of the said tribunal may be 
denied, or he may make such other order in 
that behalf as shall to him seem fair to both 
sides. 

Licease. Sec. 3. If the said petition 
shall be signed by the requisite number of 
either employers or workmen, and be in 
proper form, the judge shall forthwith cause 
to be issued a license, authorizing the exist¬ 
ence of such a tribunal and containing the 
names of four persons to compose the tri¬ 
bunal, two of whom shall be workmen and 
two employers, all residents of said county, 
and fixing the time and place of the first 
meeting thereof; and an entrance of the li¬ 
cense so granted shall be made upon the 
journal of the district court of the county in 
which the petition originated. 

Tribunal. Sec. 4. Said tribunal shall 


BOAEDS OF ARBITEATION. 


65 


coDtinue in existence for one year from the 
date of the license creating it, and may take 
jurisdiction of any dispute between employ¬ 
ers and workmen in any mechanical, manu¬ 
facturing, mining or other industry, who may 
submit their disputes in writing to such tri¬ 
bunal for decision. Vacancies occurring in 
the membership of the tribunal shall be 
filled by the judge or court that licensed 
said tribunal. Disputes occurring in one 
county may be referred to a tribunal already 
existing in an adjoining county. Said court, 
at the time of the issuance of said license, 
shall appoint an umpire for said tribunal, 
who shall be sworn to impartially decide all 
questions that may be submitted to him dur¬ 
ing his term of office. The umpire shall be 
called upon to act after disagreement is man¬ 
ifested in the tribunal by failure to agree 
during three meetings held and full discus¬ 
sion had. His award shall be final and 
conclusive upon such matters only as are 
submitted to him in writing and signed by 
the whole of the members of the tribunal, 
or by parties submitting the same. And 
the award of said tribunal shall be final and 
conclusive upon the questions so submitted 


66 BOARDS OF ARBITRATION. 

to it: Provided, That said award may be 
impeached for fraud, accident, or mistake. 

Shall Organize, How. Sec. 5. The said 
tribunal when convened shall be organized 
by the selection of one of their number as 
chairman, and one as secretary, who shall be 
chosen by a majority of the members. 

Compensation. Sec. 6. The members of 
the tribunal and the umpire shall each receive 
as compensation for their services, out of the 
treasury of the county in which said dispute 
shall arise, |2 for each day of actual service. 
The sessions of said tribunal shall be held at 
the county seat of the county where the peti¬ 
tion for the same was presented, and a suit¬ 
able room for the use of said tribunal shall 
be provided by the county commissioners. 

Submissions. Sec. 7. All submissions 
of matters in dispute shall be made to the 
chairman of said tribunal, who shall file the 
same. The chairman of the tribunal shall 
have power to administer oaths to all wit¬ 
nesses who may be produced, and a majority 
of said tribunal may provide for the ex¬ 
amination and investigation of books, docu¬ 
ments and accounts necessary, material, and 
pertaining to the matters in hearing before 
the tribunal, and belonging to either party 


BOAEDS OF ARBITRATION. 


67 


to the dispute. The umpire shall have 
power when necessary to administer oaths 
and examine witnesses, and examine and in¬ 
vestigate books, documents and accounts per¬ 
taining to the matters submitted to him for 
decision. 

May Make Rules. Sec. 8. The said tri¬ 
bunal shall have power to make, ordain and 
enforce rules for the government of the body, 
when in session, to enable the business to be 
proceeded with in order, and to fix its ses¬ 
sions and adjournments; but such rules shall 
not conflict with this statute, nor with any 
of the provisions of the constitution and 
laws of the state: Provided, That the chair¬ 
man of said tribunal may convene said tri¬ 
bunal in extra session at the earliest day 
possible, in cases of emergency. 

Umpire. Sec. 9. Before the umpire shall 
proceed to act, the question or questions in dis¬ 
pute shall be plainly defined in writing, and 
signed by the members of the tribunal or a 
majority thereof, or by the parties submitting 
the same; and such writing shall contain the 
submissiou of the decision thereof to the 
umpire by name, and shall provide that his 
decision thereon after hearing shall be final; 
and said umpire must make his award within 


68 


BOARDS OF ARBITRATION. 


five days from the time the question or ques¬ 
tions in dispute are submitted to him. Said 
award shall be made to the tribunal; and if 
the award is for a specific sum of money, said 
award of money, or the award of the tribu¬ 
nal when it shall be for a specific sum, may 
be made a matter of record by filing a copy 
thereof in the district court of the county 
wherein the tribunal is in session. When so 
entered of record it shall be final and con¬ 
clusive, and the proper court may, on motion 
of anyone interested, enter judgment thereon; 
and when the award is for a specific sum of 
money, may issue final and other process to 
enforce the same: Provided, That any such 
award may be impeached for fraud, accident, 
or mistake. 

Form of Petition. Sec. 10. The form 
of the petition praying for a tribunal under 
this act shall be as follows: 

To the District Court of - County (or a judge 

thereof, as the case may be): The subscribers here¬ 
to, being the number and having the qualifications 
required in this proceeding, being desirous of es¬ 
tablishing a tribunal of voluntary arbitration for 
the settlement of disputes in the manufacturing, 
mechanical, mining and other industries, pray that 
a license for a tribunal of voluntary arbitration may 
be issued to be composed of four persons and an 
umpire, as provided by law. 



COOPERATIVE SOCIETIES. 


69 


COOPERATIVE SOCIETIES. 


An Act to encourage cooperative societies. 


[General Statutes of 1889, ch. 23, p. 509. 


Section. 

1. Incorporate cooperative so- 
society. 


Section. 

2. Privileges and powers. 

3. Vote. 


Incorporate Cooperative Society. Sec¬ 
tion 1. That 20 or more persons in this state 
may organize and incorporate a cooperative 
society or company in the manner and form 
provided by law in other cases, for the pur¬ 
pose and to the end of more successfully pro¬ 
moting and conducting any industrial pursuit. 

Privileges and Powers. Sec. 2. Every 
such society or company, when so organized, 
shall enjoy all the rights, privileges and pow¬ 
ers conferred by law on other chartered or 
incorporated companies in this state. 

Vote. Sec. 3. The shareholders in any 
such society or coinpany shall each have but 
one vote in all matters pertaining to the busi¬ 
ness of such society or company, without re¬ 
gard to the number of shares owned. 




70 


LABOR DAY. 


LABOR DAY A LEGAL HOLIDAY. 

[Session Laws of 1891, ch. 145, p. 269.] 

An Act declaring the first Monday in September of 
each year a legal holiday. 

Section 1. That the first Monday of 
September of each year shall be known as 
labor day, and the same is hereby declared 
to be a legal holiday. 

Sec. 2. This act shall take effect and be 
in force from and after its publication in the 
statute book. 


WEEKLY PAYMENT OF WAGES. 


71 


e 


WEEKLY PAYMENT OF WAGES. 


[ Session Laws of 1893, ch. 187, p. 270.] 


Section. 

1. Paid not later than Friday. 

2. Penalty. 

3. Employs discharged. 

4. Employs may recover 

penalty. 


Section. 

5. Evasion of this act void. 

6. Contractor; corporation 

liable to employs of. 

7. Lawsuit for recovery. 


An Act providing for the weekly payment of wages 
in lawful money of the United States by certain 
corporations, and providing a penalty for the 
violation thereof. 


Be it enacted by the Legislature of the State of Kansas: 

When to Be Paid. Section 1. All pri¬ 
vate corporations doing business within this 
state, except all steam surface railways and 
except corporations engaged in the produc¬ 
tion of farm and dairy products, shall pay 
to their employes the wages earned each and 
every week in lawful money of the United 
States, and all such wages shall be due and 
payable and shall be paid by such corpora¬ 
tion not later than Friday of each week for 
all such wages earned the preceding week. 

Penalty. Sec. 2. Whenever such cor¬ 
poration fails to pay any of their employes, 
as provided in section 1 of this act, then a 
penalty shall attach to such corporation and 
become due to such employes, as follows: A 




72 


WEEKLY PAYMENT OF WAGES. 


sum equivalent to a penalty of 5 per cent, per 
month as liquidated damages, and such pen¬ 
alty shall attach and become a judgment in 
any court of competent jurisdiction, and the 
penalty shall continue in full force and effect 
including all the time intervening up to time 
of final payment. 

Employe Discharged. Sec. 3. When¬ 
ever any employ^ is discharged from the 
employ of any sireh corporation, then the 
wages of such employ^ shall become due 
and payable in the same manner as hereto¬ 
fore described in section 2. 

Employe May Recover Penalty. Sec. 4. 
Any employ^ may recover all such penalties 
that may, by violations of sections 2 and 3 
of this act, have accrued to him at any time 
within six months succeeding such default or 
delay in the payment of such wages. 

Evasion; Contract Yoid. Sec. 5. Any 
contract or agreement made between any 
such corporation any parties in its employ, 
whose provisions shall be in violation, eva¬ 
sion or circumvention of this act, shall be 
unlawful and void in its effects as to such 
corporations. 

Contractor. Sec. 6 . Whenever any such 
corporation shall contract any or all its 


WEEKLY PAYMENT OF WAGES. 


73 


work to any contractor, then it shall become 
the duty of such corporation to provide that 
the employes of such corporation or con¬ 
tractor shall be paid according to the pro¬ 
visions of this act, and such corporation 
shall become responsible and liable to the 
employes of such contractor in the same 
manner as if said employes were employed 
by such corporation. 

Lawsuit for Recovery. Sec. 7. When¬ 
ever it shall become necessary for employes 
to enter or maintain a suit at law for the re¬ 
covery or collection of wages due as provided 
by this act, then such judgment shall include 
a reasonable attorney fee, to be taxed as part 
of the costs in the case, and collected under 
the same provisions of law as such judg¬ 
ment. 



74 


A PROPOSED LAW. 


VENTILATION. 

Note. —The following measure (Senate bill No. 370, by Sen¬ 
ator Reid,) passed the Senate,and was forwardtd to the House; 
but, owing to the limited time for consideration, it failed to 
pass that body. In the judgment of the inspector, this bill, or 
something similar to it, would be of more benefit to the miners 
of the state, especially when employed in room-and-pillar work, 
than all other laws of this nature now on the statute book. 

An Act supplemental to and amendatory of section 
20, chapter 66a, of General Statutes of 1889, for 
health and safety of persons employed in coal 
mines, or any underground workings where min¬ 
eral is excavated by system of room-and-pillar 
work. 

Be it enacted by the Legislature of the State of Kansas: 

Section 1. It shall be unlawful for any mine 
owner, agent, lessee or operator of any coal mine, 
or any other underground workings where mineral 
is excavated in shaft, slope, or drift, by system of 
room and pillar, to work or cause to be worked by 
employes employed therein, by bushel or ton or by 
days’ wages, to excavate in advance coal or other 
mineral in advance space of 40 feet, unless break¬ 
throughs are made, ranging in distance as follows: 
Forty feet between break-throughs, either in rooms 
or entries, regardless of distance. 

Sec. 2. Said break-throughs to be filled with 
either slate, rock, or stopped by brattice, to make 
said break-throughs air tight, as soon as the second 
or succeeding break-through is made between rooms 
or entries. 

Sec. 3. Said break-throughs must be at least five 
wide, and full height of coal strata or other minerals 
mined therein. 


A PROPOSED LAW. 


75 


Seo. 4. This act provides and hereafter main¬ 
tains for every such mine ample means of ventila¬ 
tion, affording 100 cubic feet of air per minute per 
man in all mines. Said volume of air shall be di¬ 
rected or circulated where any person or persons 
may be working in said mines. 

Seo. 5. The inspector of mines shall increase the 
volume of air, when necessary, to such an extent as 
will dilute, carry off and render harmless the nox¬ 
ious gases generated therein; and all mines gener¬ 
ating fire damp shall be kept free of standing gas, 
and every working place shall be carefully examined 
every morning with a safety lamp by an examiner 
or fire boss. Before miners or other employes enter 
their respective working places, said examiner or . 
fire boss shall register day of month at face of work¬ 
ings, and also on top in the weighmaster’s office, as 
proof of inspection; and in case of danger, where 
fire damp may have accumulated during absence of 
a person or persons employed therein, said exam¬ 
iner or fire boss must notify the miner or employ^ 
who works in said place, and the hydrogen or fire 
damp generated therein must be diluted or rendered 
harmless before any person or persons enter such 
working place with a naked light. 

Seo. 6. It shall be the duty of the owner, lessee, 
agent or operator of every mine to provide and 
maintain air ways of sufficient dimensions, viz.: In 
coal strata or other mineral mines where no top or 
bottom brushing is done, it shall be height of min¬ 
eral vein, and at least 12 feet wide; where brushed 
on top or bottom lifted, it shall be at least six feet 
wide and five feet in height. 

Seo. 7. Standing or stagnant waters must not be 
left in air courses. Obstructions of any kind must 



76 


A PROPOSED LAW. 


not be placed in air ways; and in case of a fall of 
roof in such air ways it shall be the duty of the mine 
boss to cause such fall or obstruction to be removed 
immediately, and the roof secured. All main air 
ways in any of the underground workings in the 
state of Kansas must be examined at least twice per 
week by mine boss or agent, or some other compe¬ 
tent person so directed by said mine agent, and re¬ 
port the same to inspector of mines once every 
month. 

Seo. 8. No employ^ or other person in mines 
shall leave trap door or air gate open any longer 
than while passing through said gates or doors; and 
all employes or other persons engaged or working 
underground shall use no other oil for lighting pur¬ 
poses in their lamp except pure lard oil. 

Seo. 9. In noncompliance with section 1, 2, 3, 4, 
5, 6 and 7 of this act, the owner, operator, agent or 
lessee of any mine shall be deemed guilty of a mis¬ 
demeanor, and shall, upon conviction, for each of¬ 
fense, be punished by a fine of not less than $100 
and not to exceed $300, or by imprisonment in the 
county jail for a period of not less than 30 days and 
not to exceed 90 days, or by both such fine and im¬ 
prisonment. 

Seo. 10. This act shall take effect and be in force 
from and after the first day of July, 1893. 

COMMITTEE REPORT. 

Mr. President: Your Committee on Judiciary, to whom 
was referred Senate bill No. 370, An act supplemental to and 
amendatory of paragraph 3849, section 20, General Statutes of 
1889, has had the same under consideration, and instructs me to 
report the bill back to the Senate with the recommendation 
that it be passed. A. W. Dennison, Chairman. 






